Ministry of Education and Training | SOCIALIST REPUBLIC OF VIETNAM |
No. 23/2016/TT-BGDDT | Hanoi, 13th of October, 2016 |
CIRCULAR
ORGANIZATION AND PROCESS OF INSPECTION OF EXAMINATIONS
Pursuant to Education Law on 14th of June, 2005 and Education Law Amendments on 25th of November, 2009;
Pursuant to Law on Inspection on 15th of November 2010;
Pursuant to Law on Higher Education on 18th of June 2012;
Pursuant to Decree 32/200/ND-CP on 19th of March 2008 by the Government on purposes, missions, jurisdictions, and structure of Ministry of Education and Training
Pursuant to Decree 07/2012/ND-CP on 09th of February, 2012 by the Government on specialized inspection authorities.
Pursuant to Decree 42/2013/ND-CP on 9th of May, 2013 by the Government on organizing education inspections:
At the request of the Ministry’s Chief Inspector.
Minister of Education and Training promulgates a Circular on organizing inspections of examinations.
GENERAL PROVISIONS
Article 1. Scope of regulation and regulated entities
1. This Circular provides the guidelines for implementing and inspecting various examinations including:
a) High school entrance examinations (hereinafter referred to as “exams”), high school graduation exams; university entrance exams; master’s qualifying exams; final exams of every subject, semester and school year, exams for foreign language certificates, information technology (IT) certificate, academic competitions among best students;
b) Consideration of eligibility for admission to middle schools and high schools, higher education masters’ and doctoral training;
c) Organization and evaluation of scientific research, graduation thesis, composition, essay (generally called “thesis”) in universities, academies, colleges, research institutes (generally called higher education facilities).
2. This Circular is applied to Inspectorate of the Ministry of Education and Training;
Inspector of Department of Education and Training; higher education facilities, other education facilities carry out education programs under surveillance of Ministry of Education and Training; organizations and individuals involved in the examinations according to the provisions.
Education authorities, higher education institution, inspectorates, independent inspectors shall apply this Circular and related provisions to inspect exams that are not mentioned in Clause 1 of this Article.
Article 2. Examination inspection principles
1. Comply with regulations and law; guarantee precision, objectivity, integrity, openness to the public, democracy, timeliness.
2. Avoid repetition of inspection contents and overlapping inspection time among inspecting authorities; do not hinder regular activities of the subjects of the inspection.
3. Combine timely detection, prevention and handling of regulation violations with providing guidance on following regulations.
4. Combine inspection by state agencies and internal inspection by higher education institutions.
Article 3. Examination inspection purposes
1. Assess the compliance to regulations on organization of examinations, placement process, consideration of students’ qualification for graduation, and evaluation of theses...
2. Prevent, detect, and propose actions against the violations in order to improve education authorities, education facilities’ performance of exam supervising, admission consideration, graduation evaluation, organizing and evaluating thesis.
3. Propose solutions to education authorities to ensure safe, stringent, conformable examinations.
4. Handle or propose solutions for handling complaints, reports on entrance exam, admission consideration, graduation evaluation, organizing and evaluating thesis.
5. Find flaws in monitoring system, policy, law on entrance exam, admission consideration, graduation evaluation, organizing and evaluating thesis so as to suggest possible solutions to authorities.
Article 4. Examination inspection forms
1. Examination inspections include planned inspections and irregular inspections.
2. Planned inspections are carried out according to annual plan approved by the Minister of Education and Training; director of Education and Training Department; national university, regional university director, principal/director of university facility director (generally called principals).
3. An irregular inspection will be carried out as soon as it is suspected that an organization or individual violates the law on entrance exam, admission consideration, organizing and evaluating thesis; as complaints and reports resolving, anti-corruption demanded or as assigned by Minister of Education and Training, director of Education and Training Department, and principals.
Article 5. Inspection duration
1. Inspections may be carried out before, during or after the end of the examination.
2. Inspections carried out by the inspector of Education and Training Ministry shall comply with provisions of Point a, Clause 1, Article 16, Decree 07/2012/ND-CP on 09th of September, 2012 regarding the authorities responsible for carrying out specialized inspection and specialized inspection activity. Inspection carried out by the Inspector of Department of Education and Training shall comply with provisions of Point b, Clause 1, Article 16, Decree 07/2012/ND-CP
3. Inspections approved by the principals last no more than 30 days, which may be extended to a maximum of 45 days provided complicated situations.
4. The duration of an inspection is the period that begins when the inspection decision is announced and ends when the inspections is completed
Chapter II
EXAMINATION INSPECTION CONTENTS
Section I. Examination inspection criteria
Article 6. Inspecting examination preparation
1. Dissemination and issuance of guiding documents by the director of Education and Training Department, university, academy, education facility or chairperson of the examination center. To be specific:
a) Authority to issue documents, type of documents;
b) Document scope and content;
c) Dissemination of examination regulations.
2. Establishment of various boards of examination board and training for the commissions' participants; announcing examination plan, time and schedule:
a) Authority to establish various boards with quantity and name according to regulations;
b) Composition, quantity, standard and conditions of commissioner, members and other commissions of the examination board;
c) Training assignment and provision for participants in organization of the exam;
d) Publishing information at the examination center and rooms.
3. Receipt of applications and conformity with other candidate-related regulations:
a) Time, place and methods of handling out and receiving applications;
b) Providing examinees with guidelines on completing documents confirming academic achievements, special privilege, exemption privilege, extra score, reserved score, free participant, duration and experiences of work and other examinee's conditions.
4. Preparation of facilities and question sheets for the examination:
a) The number of locations, rooms for conducting the exams, lighting conditions, and distance between two examinees;
b) Separation of examination areas from other areas; sealing unused rooms, disable unused communications devices and internet signal within the examination areas;
c) Adequacy of budget and stationary supplies for the examination;
d) Cooperating with relevant authorities to promptly deal with irregularities;
dd) Compliance with regulations and law on handling out, printing, copying, securing, sending, receiving, delivering, and protecting the exam papers.
Article 7. Inspecting examination invigilation
1. The fulfillment of responsibilities of director of examination board, Chief of invigilator board, Chief of venue and Chief of secretary and coordination among the boards:
a) Directing, coordinating, cooperating among the boards, monitoring and tracking by the Chief of supervisor, Chief of venue and related departments;
b) Complying with regulations and law on using quick means of communication and report of the examination venue, examination board;
c) Assignment of supervisors, invigilators and other related individuals in each exam session;
d) Complying with regulations and law on collecting redundant exam papers;
dd) Dealing with violations of invigilators, related individuals and examinees by director of examination board, Chief of venue, Chief of supervisor;
e) Monitoring by director of examination board, Chief of venue, Chief of supervisor, related departments and examination board;
g) Implementing inspectors' proposals after every session; following superiors’ orders and dealing with irregularities of director of examination board, Chief of venue, Chief of supervisor.
2. On duty of following orders of supervisors, secretaries, related individuals and examinees:
a) Supervisor’s procedures: writing examinee numbers, calling names and performing ID check as examinees entering the room, signing exam papers, signing scrap papers, opening question sheet procedures, cross-checking examinees’ question sheet codes, sealing and handing spare question sheets over, collecting exam papers and penalizing violating examinees;
b) Venue’s secretary, supervisors and other related forces’ tasks: sending, receiving, preserving exam papers, question sheets and preservation areas, complying with regulations and law on timing and command at the venue; ensuring discipline at the examination area;
c) Complying with regulations and law on examinees’ responsibilities in examination area, examination room, on examinees’ carrying and using audio/video recording devices in examination room.
Article 8. Inspecting grading process
1. Inspecting preparation of the grading
a) Grading department constituent, number of individuals doing the grading in each subject, secretary, regrade, and monitor grading;
b) Preparation of facilities and other conditions to serve grading process, grading areas, number of grading rooms for each subject getting graded, exam paper preservation area, assigning participants to take part in the grading process;
c) Setting up principle training, grading guidelines and other relevant documents for members of grading department, secretary department and other related departments;
d) Following processing detachable tag procedure, classifying the tag, and monitoring the exam paper (sending, receiving, storing papers among grading secretary, dean, teacher 1, teacher 2).
2. Inspection during grading:
a) Director of grading department, grading secretary, grading dean, grading teacher, monitor grading teacher and related individuals' tasks: assigning duties within the grading department, secretary, combining secretary with grading dean to score papers; Cooperation between employees and security during the grading process; coming up with solutions for irregularities; discussions, consensus on grading guidelines, answer key, grading criteria, number of papers being graded together of every subject;
b) Following sending and receiving papers procedures; independent double check; situating teachers in grading rooms, fill in information in the grading note, coming to an agreement on the grades, processing the results, processing the monitoring grading results; following multiple choice exam procedure.
3. The grade input process.
4. Organization of the regrade.
a) Compilation and confidentiality of the lists of chiefs and members of regrading department as regulated;
b) Extraction exam papers, removal of tags, renumbering the tags and organizing remarking as regulated.
Discovery and handling of irregularities on the exam papers such as: impersonating, swapping papers or any other undetected negative behaviors during the invigilation.
Compliance to board of director’s order or inspectors’ proposal.
Article 9. Inspecting commanding, encouraging, and organizing at the examination board
1. Plans and results of the director of examination board.
2. Lists of documents and reports used during preparation, supervising, and grading the exam.
3. Results of handling examination inspector’s proposal, and superior’s command.
4. Handling complaints and reports by the director of examination board.
5. Storing, announcing and publishing the results.
Section II. PLACEMET PROCESS AND GRADUATION CONSIDERATION INSPECTION CONTENTS
Article 10. Inspecting placement process
1. Constructing and publicizing admission strategy:
a) Eligibility for admission;
b) Method of admission;
c) Input quality assurance methods;
d) Admission consideration process and fee; facilities serving the admission consideration.
2. Factors that aid admission consideration:
a) Setting up Council of admission and other relevant departments: background, quantity, and qualification of participating individuals;
b) Documents from authorities that allow the initiation of a major;
c) Promulgating admission guiding documents as authorized;
d) Qualifying criteria: tenured teacher, quantity of students, floor area directly used for education and training and other relevant factors;
dd) On setting up facilities and budget for the admission:
Article 11. Inspecting admission process
1. Complying with regulations and law on admission consideration:
a) Admission announcement: Details, time and means of announcing;
b) Receiving and scanning files, updating and publicizing admission information by issuing press statements;
c) Distributing and receiving applications: time of distributing and receiving file, time and place of receiving files, other valid papers confirming academic achievements, special privilege, extra privilege, reserved score, duration of work;
d) Application fee.
2. Confirming admission score:
a) Admission score confirmation process; following score multiplier, privileged entities and admission without examination regulations in admission process;
b) Announcement of admission results and lists of admitted candidates;
c) Printing and sending acceptance letter and gathering admitted candidates.
Article 12. Inspecting enrollment and admitted candidates’ files
1. Adequacy of compulsory papers (and documents proving privileges of certain candidates) within the candidates' files.
2. Handling late enrollees.
3. Checking admitted candidates’ files.
4. The principal’s checking, monitoring, following superior’s order and inspector's proposal during admission process, handling complaints and reports.
5. Storing admission files.
Article 13. Inspecting graduation consideration and recognition process
1. Establishing graduation consideration council:
a) Authority to establish graduation overseeing council;
b) Background and qualifications of members of graduation overseeing council.
2. Eligibility for exemption from subjects and exemption process.
3. Eligibility for graduation without exams
4. Reserving score, extra score for disadvantaged candidates or excellent students.
5. Graduation considering process, temporary graduation certificate and graduate diploma provision regulations.
6. Handling complaints and reports during graduation consideration.
7. Informing, reporting and storing.
Section III. CONTENTS OF INSPECTIONS OF ORGANIZATION AND EVALUATION OF THESIS
Article 14. Inspecting thesis writing conditions
1. Unit’s regulations on thesis writing.
2. Thesis implementing conditions:
Completion of academic program according to regulations;
b) Conformity with regulations on required and diligence score;
c) Thesis supervisor's backgrounds and requirements; time of thesis implementation.
3. Selecting thesis topic and assigning thesis supervisor.
4. Consider cross-checking thesis supervisor’s subject knowledge against thesis major that is being or about to be supervised according to regulations.
5. Student and supervisor’s thesis research and implementation plan construction; faculty and professional units' leading, instructing and implementing responsibilities.
6. Changes during thesis implementation process.
Article 15. Inspecting thesis evaluation
1. Thesis examining committee forming conditions.
2. Authority of the person that establishes the thesis evaluation committee quantity and qualifications of thesis evaluation committee’s members
3. Forms and locations of thesis examining committee's meeting.
4. Thesis examining implementation’s sequence and time.
5. Score input process, reporting, storing and handling complaints during thesis evaluation process.
Chapter III
INSPECTION ORGANIZATION, DUTIES AND FUNDING
Article 16. Formulating and implementing annual inspection plan
1. Ministry of Education and Training’s Chief Inspector shall propose inclusion of exam inspections in its annual inspection plan.
2. Education and Training Departments Chief Inspectors shall propose inclusion of exam inspections in their annual inspection plans.
3. Head of inspection departments, divisions and/or inspectors in charge in higher education facilities proposed including exam inspections in the units' annual inspection plan.
4. Every inspection plan shall include: Inspection contents, inspected entities, inspection time and other necessary information as stated in Form 01-TTr promulgated together with this Circular.
Article 17. Authority to initiate examination inspections and administrative authorities and inspectorates’ responsibilities
1. Administrative authorities’ responsibilities:
a) Minister of Education and Training approve annual inspection plan and directed examination inspection in compliance with regulations and law;
b) Director of Education and Training Department approve annual inspection plan and directed inspection of assigned examinations conducted on allocated territory in compliance with regulations and law;
c) Principals are responsible for approving annual inspection plan and directing the units' inspection implementation in compliance with regulations and law;
d) Chief officer of administrative authorities and education facilities are responsible for taking post inspection actions and following inspectors’ conclusions in compliance with regulations and law.
2. Examination inspection implementation:
a) Inspector of Ministry of Education and Training and Inspector of Department of Education and Training conduct inspection in groups or individual in compliance with regulations and law;
b) National university, regional universities and higher education facilities conducted internal inspection together with the inspectors.
3. Examination inspection implementing authority:
a) Ministry of Education and Training’s Chief Inspector decides to inspect and/or dispatch inspectorate to monitor examinations in compliance with regulations and law; Minister of Education and Training may decides to inspect and/or dispatch inspectorate if necessary
b) Education and Training Department’s Chief Inspector decides to inspect and/or dispatch inspectorate to monitor admission examination and consideration, graduation consideration, thesis implementation and evaluation processes taking place on allocated territory in compliance with regulations and law; director of Education and Training Department may decides to inspect and/or dispatch inspectorate if necessary;
c) Principals conduct inspections and/or dispatch inspectorate to examinations within their authorized facilities;
d) Inspection deciders who choose inspection criteria should follow guidelines in this Circular, practical situations and related guidelines in order to decide specific criteria for each inspection.
Article 18. Tasks and privileges of inspection deciders, chief inspector, inspectorate members, and individuals in charge of inspecting
1. Tasks and entitlements of inspection deciders are as stated in Article 55, Law on Inspection No. 56/2010/QH12.
2. Tasks and privileges of chief inspector, inspectorate members, and independent individuals in charge of inspecting are as stated in Article 53, Article 54 Law on Inspection No. 56/2010/QH12
Article 19. Responsibilities of inspectorate members and individuals in charge of inspecting
1. Inspectorate members are obliged to ensure correct guidelines, entities, duration as stated in the decision, thoroughly file the inspection and follow the chief inspector assignment in compliance with regulations and law
2. Inspectors and individuals in charge of inspecting are obliged to ensure correct guidelines, entities, duration as stated in the decision, and thoroughly file the inspection in compliance with regulations and law.
Article 20. Examination inspection members
1. Members of Ministry of Education and Training's inspectorate are inspectors, officials working for Inspector of Ministry of Education; if necessary, the Minister, Chief Inspectorate may rally inspectors who are officials from other Ministry subsidiaries, from Education and Training Department, and other higher education facilities.
2. Members of Education and Training Department's inspectorate are inspectors, officials working for the Ministry’s Inspectorate; if necessary, the director of the department, the department’s Chief Inspectorate may rally inspectors who are officials and/or education inspectors from Education and Training Department.
3. Members of higher education facilities inspectorate are officials from office and/or department of internal inspection, full-time inspectors or schools’ tenured officials, employees, managers, teaching staffs.
Article 21. Rights and duties of inspected entities; duties of education authorities, education facilities and of other relevant units, individuals
1. Inspected entities have the rights and duties according to Article 57 and Article 58 in Law on Inspection No. 56/2010/QH12
2. Education authorities, education facilities and of other relevant units, individuals are obliged to assist the inspectorate and inspectors with the inspection and to fulfill examination inspections in compliance with regulations and law.
Article 22. Inspection process
1. Inspection process is as stated in Chapter III, Circular No. 05/2014/TT-TTCP on 16th of October, 2014 by the Government Inspectorate prescribing organizing, activities, relation of the inspectorate and the process, procedures of conducting an inspection.
2. Memo report and proposal forms during inspection are as stated in Form No. 02-TTr; meeting minutes as stated in Form No. 03-TTr; reports are as stated in Form 04-TTr; examination, admission consideration, graduation consideration, thesis implementation and evaluation inspections' conclusions are as stated in Form No. 05-TTr promulgated together with this Circular.
Article 23. Examination inspection funding
1. Ministry of Education and Training shall provide funding for inspectorates and independent inspectors dispatched by Minister of Education and Training and/or Ministry of Education and Training’s Chief Inspector.
2. Education and Training Department shall provide funding for inspectorates and independent inspectors dispatched by director of Education and Training Department and/or Education and Training Department’s Chief Inspector.
3. Principals shall provide funding for inspectorates that they dispatched.
4. Inspectors rallying expenses are as stated in compliance with regulations and law on education inspection promulgated by Minister of Education and Training.
Chapter IV
IMPLEMENTATION
Article 24. Actions against violations
1. Inspected entities shall face disciplinary actions, administrative penalties or criminal prosecution and have to pay damages in compliance with regulations and law if found committing at least one of the following misconducts:
a) Failure to provide information, documents or providing inaccurate, false information, appropriating and/or tampering with documents, evidence relating to the inspection;
b) Resisting, obstructing, bribing, taking revenge on, victimizing inspectors, information and document providers; impeding the inspections;
c) Defaming, slandering inspectors;
d) Bribing;
dd) Failure to perform or not fully, promptly perform duties, responsibilities as stated in the inspection conclusion.
e) Other violations.
2. Inspection deciders, Chief inspector, inspectors, officials who are conducting the inspection shall face disciplinary actions or administrative penalties or criminal prosecution and have to pay damages if found committing at least one of the following misconducts:
a) Abuse of power to engage in illegal activities, exact, trouble, harass the inspected entities;
b) Acting beyond their authorities, jurisdictions, content of inspection decisions;
c) Deliberately giving false conclusions, making decisions against the law, concealing violations of law;
d) Disclosing inspection related information, documents during the inspection;
dd) Deliberately overlooking violations, failure to propose or partially execute sanction for administrative violations, discipline, criminally prosecution;
e) Falsifying, fabricating, altering, tampering, appropriating inspection documents;
g) Receiving or brokering bribery;
h) Other violations.
Article 25. Entry into force
1. This Circular comes into force from 28th of November, 2016.
2. This Circular supersedes Decision No. 41/2006/QD-BGDDT on 16th of October, 2006 by Minister of Education and Training promulgated together with this Decision on organizing and inspecting examinations
Article 26. Responsibility for implementation
Chief of Office, Chief Inspector, Head of office of units from Ministry of Education and Training; Minister, Chairman of the People’s Committee of provinces and central-affiliated cities and director of Education and Training Department; Directors of university, institutes, science research Chancellors eligible for doctorate teaching course; University principals and head of office of related agencies are obliged to comply with this Circular.
| PP.MINISTER |
---------------
This document is handled by Vinas Doc. Document reference purposes only. Any comments, please send to email: [email protected]